MDProgress Inc. – Terms of Use

These Terms of Use ("Terms") apply to your use of the websites, web applications, mobile applications, and other online resources provided by MDProgress Inc., a corporation existing under the laws of Canada (hereinafter "MDProgress," "Company," "we," "us," or "our"), that are intended primarily for use by healthcare professionals (collectively, the "MDProgress Platform").

The MDProgress Platform includes the personalized information and services that meet the needs and interests of users, such as educational and reference content, clinical tools, applications, dashboards, sponsored programs, advertising, email communications, continuing professional development opportunities, market research opportunities, and discussion forums (collectively, the "Services").

You can view the most current version of these Terms by clicking on the "Terms of Use" link made available within the MDProgress Platform. These Terms do not apply to any MDProgress or third-party properties that display a link to different terms of use.

By accessing or using any part of the Services, you agree to be bound by these Terms. These Terms form a binding legal agreement between you and MDProgress.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. Account Registration

To access certain Services, you may be required to register an account with MDProgress. Registration requires you to provide us with your name, email address, profession, specialty, and any other information requested in the registration form ("Registration Information"), and to select a username and password.

You agree that: Your Registration Information is true, accurate, current, and complete; and you will promptly update your Registration Information so that it remains true, accurate, current, and complete. We may attempt to verify the accuracy of your Registration Information and update it where appropriate.

You are solely responsible for: Maintaining the confidentiality and security of your username and password; and all activity that occurs under your account. You must not permit any other person to use your username or password to access the Services. If you believe your account has been compromised, you must promptly change your password and/or notify us. MDProgress shall have no liability for any unauthorized access to or use of your account.

2. Use of the Services

The Services are intended primarily for physicians and other regulated healthcare professionals. By using the Services, you represent and warrant that you: Have the right, authority, and capacity to agree to and abide by these Terms; are not prohibited from using the Services under any applicable law, regulation, or order; and will use the Services only in accordance with these Terms and all applicable laws, regulations, and professional standards.

If you are a "health information custodian," "trustee," or equivalent under applicable Canadian health information and privacy legislation (for example, Ontario's Personal Health Information Protection Act, 2004 ("PHIPA"), or similar legislation in another province or territory), and you choose to transmit personal health information or other identifiable information using the Services, you acknowledge and agree that: MDProgress is not a health information custodian, trustee, or equivalent, and does not act as your agent, information manager, or service provider for the purposes of any health information statute, unless there is a separate written agreement signed by MDProgress expressly stating otherwise; you are solely responsible for compliance with all applicable privacy, health information, professional, institutional, and regulatory requirements; and you will not use the Services in any manner that is inconsistent with such requirements.

The information, content, and tools made available through the Services are provided solely for general educational and informational purposes. They: Are not intended to serve as a diagnostic service or platform; are not intended to provide certainty with respect to any diagnosis, treatment, or prognosis; are not recommendations or endorsements of any specific product, device, therapy, or management plan; and are not a substitute for the independent clinical judgment of a qualified healthcare professional.

You expressly acknowledge and agree that: No physician–patient or other regulated health professional–patient relationship is created between MDProgress (or any of its officers, employees, contractors, or agents) and any user or patient through the Services; all medical and clinical decisions, including diagnosis, investigations, treatment, documentation, and communication with patients or learners, are your sole responsibility; you are solely responsible for verifying any information obtained through the Services against primary literature, clinical practice guidelines, regulatory documents (e.g., Health Canada), product monographs, institutional policies, and other authoritative sources; you will not rely on the Services as a definitive or complete source of clinical information; and you use the Services entirely at your own risk.

MDProgress makes no representation or warranty that the Services or the MDProgress Content (as defined below) comply with the laws or regulatory requirements of any jurisdiction. You are solely responsible for compliance with the laws, regulations, institutional policies, and professional standards of the jurisdiction(s) in which you practise and from which you access the Services. We may, at any time and in our sole discretion, limit or restrict access to the MDProgress Platform, Services, or MDProgress Content to any person, geographic area, or jurisdiction.

If you are a member of the public or a non-professional user who chooses to access professional-level information made available through the Services, you: Must not rely on that information as professional medical advice; must not use the Services as a replacement for your relationship with your physician or other qualified healthcare professional; and must contact your healthcare provider for any medical concerns and call 911 (or your local emergency number) in the event of a medical emergency.

Subject to your compliance with these Terms, MDProgress grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services and view the information and materials made available through the Services, including User Content (defined below), solely for your personal and professional use. You must not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, MDProgress Content, or MDProgress properties, except as expressly permitted by these Terms.

3. Information that You Make Available through the Services (User Content)

Certain Services enable users to submit, upload, or generate content, which may include, without limitation, text, images, photographs, figures, charts, graphics, reports, data, prompts, outputs from artificial intelligence or other automated tools, and sound ("User Content"). User Content does not include Registration Information.

By submitting User Content through the Services, you automatically grant to MDProgress a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sub-licensable (through multiple tiers) licence to: Use, reproduce, copy, distribute, transmit, host, store, cache, publicly display, publicly perform, excerpt, index, tag, analyze, modify, adapt, translate, create derivative works from, and otherwise exploit the User Content, in any media, form, or format now known or hereafter developed; and use such User Content both within and outside of MDProgress for any lawful purpose consistent with the MDProgress Privacy Policy.

You represent and warrant that: You are the sole owner of, or possess all necessary rights, licences, permissions, consents and releases to submit the User Content and to grant the rights set out in these Terms; and the User Content does not, and will not, infringe or violate any third-party rights, including privacy, personality, copyright, trademark, trade secret, moral rights, or other proprietary rights.

3.1 De-identification and Personal Health Information

MDPROGRESS DOES NOT REVIEW USER CONTENT FOR DE-IDENTIFICATION, DOES NOT PROVIDE DE-IDENTIFICATION SERVICES, AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR WHETHER USER CONTENT IS ADEQUATELY DE-IDENTIFIED.

You acknowledge and agree that: You are solely and entirely responsible for ensuring that any User Content you submit complies with all applicable laws, regulations, institutional policies, and professional obligations, including those relating to privacy, confidentiality, professional conduct, human rights, and ethics; before submitting User Content, you will remove or de-identify any information that identifies an individual or that could reasonably be used, alone or in combination with other information, to identify an individual (including, without limitation, name, initials, health card number, medical record number, exact date of birth, full-face photographs, unique images, or combinations of data points that may reasonably permit re-identification); if you provide any personal information or personal health information, you have obtained all required consents, authorizations, or legal authority to collect, use, store, disclose, and upload such information through the Services; and MDProgress has no obligation to monitor, vet, edit, or remove User Content and no obligation to identify or correct any failure to de-identify User Content.

You acknowledge and agree that all risk of harm, complaint, regulatory action, or liability arising out of or in connection with any User Content (including any failure to de-identify User Content or obtain required consent) rests solely with you and not with MDProgress. To the maximum extent permitted by law, you release and forever discharge MDProgress and its affiliates, directors, officers, employees, contractors, and agents from any and all claims, demands, causes of action, damages, losses, costs, and expenses of any kind, known or unknown, arising out of or in any way connected with User Content that you submit or cause to be submitted.

3.2 Prohibited User Content

You agree that you will not use the Services to make available User Content that: You do not have the right to make available under any contractual, fiduciary, statutory, or common law duty; infringes, misappropriates or violates any third party's intellectual property rights, moral rights, personality rights, or rights of privacy; results in a violation of any applicable law or regulation, including, without limitation, Canadian privacy, health information, human rights, hate speech, or anti-spam legislation; is unlawful, harmful, defamatory, threatening, harassing, abusive, slanderous, obscene, or otherwise objectionable; promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; promotes illegal activity; is fraudulent, false, misleading, or deceptive; constitutes an unauthorized advertisement or solicitation; or contains viruses, malware, or other harmful code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.

4. Proprietary Rights and MDProgress Content

"MDProgress Content" means all information and materials made available through the Services, including but not limited to text, images, graphics, figures, charts, tools, dashboards, software, audio, video, data, AI-generated outputs, and any other content, excluding User Content.

You acknowledge and agree that: The MDProgress Platform, MDProgress Content, and any software used in connection with MDProgress (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws; and the MDProgress Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly permitted by applicable law or as authorized by MDProgress or the applicable licensor, you agree not to: Modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works from the MDProgress Platform, MDProgress Content, or Software; "scrape," crawl, or systematically collect MDProgress Content for commercial or other purposes; or remove any copyright, trademark, or other proprietary notices from MDProgress Content. You may view MDProgress Content online, download individual items for later reading, or print a copy for yourself, strictly for your personal or professional use and subject to these Terms.

5. Permitted and Prohibited Uses

Except as expressly permitted in these Terms: Any copying, distributing, or modifying of MDProgress Content is strictly prohibited; no part of the MDProgress Content may be copied for resale or other commercial use, posted on public bulletin boards, websites, or repositories, or hyperlinked, indexed, or otherwise utilized by automated software means, including search engines, robots, spiders, crawlers, or data mining tools; no part of the MDProgress Content may be reverse engineered or included in other software.

You may not upload or transmit to or through the Services: Any material that is unlawful, threatening, libellous, defamatory, obscene, pornographic, profane, or otherwise violates any law, regulation, or rule; or any material that you do not have the right to transmit or that infringes the rights of any party. You may not upload or transmit any material which disrupts the normal operation of the MDProgress Platform.

You agree to: Provide only accurate and current information through the Services; and not impersonate anyone else or misrepresent your affiliation with any person or organization. MDProgress may (but is not obligated to) monitor compliance with these Terms and may disable or suspend your access to the Services in its sole discretion in the event of suspicious or potentially harmful behaviour. You agree to comply with all applicable laws, including export control, sanctions, privacy, and anti-spam legislation, in connection with your use of the Services.

6. Licensed Third Parties and Non-Personal Data

MDProgress may collect non-personal information and data in a form that does not permit any direct association with any specific individual. We may collect, use, transfer, sell, and disclose such non-personal information for any lawful purpose in accordance with our Privacy Policy. For example, when you use the Services, we may collect data from the prompts you submit and your interactions with the Services. We may use such data to: Improve and develop the Services; understand user behaviour and usage patterns; and create aggregated or de-identified datasets. We may share or sell aggregated or de-identified data with third parties, provided that we do not disclose personal information of our users except in accordance with our Privacy Policy and applicable law.

Where a third party ("Licensee") has access to MDProgress data under a separate written agreement, the Licensee: Shall not use or permit anyone to use the data for any unlawful or unauthorized purpose; is not authorized to distribute or furnish such data or associated software to any third party without our prior written approval; and acknowledges that all intellectual property rights in such data remain with MDProgress or its licensors. Access to MDProgress data may be terminated if any agreement between MDProgress and its users or Licensees terminates for any reason.

7. NO MEDICAL ADVICE

MDPROGRESS DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. MDPROGRESS IS NOT A HEALTHCARE PROVIDER AND DOES NOT PRACTISE MEDICINE OR ANY OTHER REGULATED HEALTH PROFESSION.

The MDProgress Content, including but not limited to: Educational modules, reference content, dashboards, simulations, and case discussions; any outputs generated by artificial intelligence or other automated tools; and any scores, analytics, or recommendations displayed by the Platform, is: Provided solely for general educational and informational purposes; not intended and must not be used as a substitute for professional medical advice, diagnosis, or treatment; not comprehensive and does not cover all potential uses, indications, contraindications, precautions, drug interactions, side effects, warnings, or local practice considerations; not guaranteed to be current, complete, accurate, or tailored to any particular patient, institution, jurisdiction, or practice context; and subject to change, update, or removal at any time without notice.

You understand and agree that you: Must not rely on the MDProgress Content as a sole or primary source of clinical information; must consult primary literature, clinical practice guidelines, regulatory information (e.g., Health Canada), product monographs, institutional policies, and other authoritative sources to verify any information before acting on it; remain fully and solely responsible for all clinical decisions, including diagnosis, investigations, treatment, documentation, communication with patients and families, and follow-up; and are solely responsible for ensuring your compliance with the standards of your professional regulatory body and applicable laws.

MDProgress is not responsible or liable for: Any advice, treatment, diagnosis, documentation, or communication you provide or fail to provide; any outcome or consequence, including patient harm, arising from your use or reliance on the Services or MDProgress Content; or any failure by you to consult primary sources or up-to-date guidance. The MDProgress Content must not be used in a life-threatening or emergency context or to delay urgent medical assessment. If you have questions about your own health, including any medical condition or treatment, you must contact your healthcare provider or, in case of emergency, call 911 (or your local emergency number).

8. Privacy Policy

The MDProgress Privacy Policy describes how we collect, use, disclose, and protect information about users of the Services. By accessing and using the Services, you agree to the terms of the Privacy Policy, which forms an integral part of these Terms.

9. Dealing with Third Parties

Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that MDProgress shall not be responsible or liable for any loss or damage of any sort arising out of or in connection with any such dealings or as a result of the presence of or introduction to such third parties through the Services.

10. Governing Law, Dispute Resolution, and Limitation Period

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the MDProgress Platform, the Services, or the MDProgress Content (a "Dispute") are governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

10.1 Mandatory Individual Arbitration (Where Permitted by Law)

To the maximum extent permitted by applicable law, any Dispute shall be finally resolved by binding, individual arbitration administered by an agreed arbitral institution or, failing agreement, by the ADR Institute of Canada, Inc. in accordance with its arbitration rules, by a single arbitrator, and held in Toronto, Ontario. You and MDProgress agree that: Arbitration is individual only. Class actions, class arbitrations, and representative actions are not permitted. Each party shall bear its own legal fees, and the parties shall share the arbitrator's fees and costs equally, unless the arbitrator decides otherwise. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. If, and only to the extent that, arbitration is found to be unenforceable or inapplicable to a particular Dispute, you agree that such Dispute shall be submitted exclusively to the courts of the Province of Ontario, sitting in the City of Toronto, and you irrevocably attorn to the jurisdiction of such courts.

10.2 Waiver of Class and Representative Proceedings

To the maximum extent permitted by law, you agree that: Any Dispute will be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding; and you waive any right to participate in a class, collective, or representative action against MDProgress in relation to any Dispute.

10.3 Limitation Period

To the maximum extent permitted by law, any claim or cause of action arising out of or relating to these Terms, the MDProgress Platform, the Services, or the MDProgress Content must be commenced within one (1) year after the cause of action accrues. After that one-year period, such claim or cause of action is permanently barred.

11. Termination and Modification

MDProgress may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or terminate or suspend your account and remove any User Content that you have made available through the Services, with or without notice, for reasons including (but not limited to): Breaches or violations of these Terms or other incorporated policies; requests by law enforcement, regulatory authorities, or other government agencies; a request by you; discontinuance or material modification to the Services (or any part thereof); technical or security issues or problems; extended periods of inactivity; or your engagement in fraudulent, abusive, or illegal activities. You agree that all terminations for cause shall be made in MDProgress' sole discretion, and MDProgress shall not be liable to you or any third party for any termination of your account or access to the Services.

12. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE MDPROGRESS PLATFORM, THE SERVICES, AND THE MDPROGRESS CONTENT IS AT YOUR SOLE RISK. THE MDPROGRESS PLATFORM, THE SERVICES, AND THE MDPROGRESS CONTENT (INCLUDING ALL AI-GENERATED OUTPUTS, ANALYTICS, AND TOOLS) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDPROGRESS AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUALITY, AVAILABILITY, SECURITY, OR COMPATIBILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MDPROGRESS DOES NOT WARRANT THAT THE MDPROGRESS CONTENT IS COMPLETE, UP TO DATE, FREE OF ERRORS OR OMISSIONS, OR SUITABLE FOR ANY PARTICULAR USE; NOR DOES IT WARRANT THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL HARDWARE, SOFTWARE, TELECOMMUNICATIONS, AND INTERNET ACCESS NEEDED TO USE THE SERVICES, AND MDPROGRESS IS NOT RESPONSIBLE FOR ANY FAILURES OR ISSUES RELATED TO SUCH ITEMS.

You acknowledge that the transmission of data over the internet or other networks may be subject to interruption, interference, delay, or corruption. MDProgress is not responsible for, and assumes no liability relating to, any such issues. Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the above exclusions shall apply to you only to the maximum extent permitted by applicable law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: EXCLUSION OF INDIRECT AND SPECIAL DAMAGES. MDPROGRESS AND ITS AFFILIATES, DISTRIBUTORS, AGENTS, SUBCONTRACTORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, NOR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF (OR INABILITY TO USE) THE MDPROGRESS PLATFORM, SERVICES, OR MDPROGRESS CONTENT, EVEN IF MDPROGRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAP ON DIRECT DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MDPROGRESS AND ITS AFFILIATES, DISTRIBUTORS, AGENTS, SUBCONTRACTORS, LICENSORS, AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE MDPROGRESS PLATFORM, THE SERVICES, OR THE MDPROGRESS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100). APPLICATION TO ALL CLAIMS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WHETHER ARISING OUT OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND WHETHER OR NOT ANY LIMITED REMEDY PROVIDED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE. PROFESSIONAL RESPONSIBILITY. WITHOUT LIMITING THE FOREGOING, MDPROGRESS SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR ANY PROFESSIONAL OR REGULATORY CONSEQUENCES (INCLUDING, WITHOUT LIMITATION, COLLEGE OR LICENSING BODY COMPLAINTS, QUALITY ASSURANCE ACTIONS, OR PROFESSIONAL DISCIPLINE) ARISING OUT OF OR IN CONNECTION WITH YOUR CLINICAL OR PROFESSIONAL DECISION-MAKING OR YOUR USE OR RELIANCE ON THE SERVICES OR MDPROGRESS CONTENT.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, the above limitations and exclusions shall apply to you only to the maximum extent permitted by applicable law.

14. Indemnity

You agree to defend, indemnify, and hold harmless MDProgress and each of its affiliates, directors, officers, employees, contractors, agents, licensors, and suppliers (collectively, the "MDProgress Parties") from and against any and all claims, complaints, demands, actions, proceedings, investigations (including regulatory or College investigations), damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to: Your access to or use of the MDProgress Platform, the Services, or the MDProgress Content; any User Content you submit, upload, or otherwise make available, including any failure to de-identify User Content or obtain necessary consents or authorizations; your reliance on any MDProgress Content (including AI-generated outputs) without consulting primary literature and other authoritative sources; any clinical, educational, research, or professional decisions, actions, or omissions by you, including any alleged or actual patient harm or quality of care issue; any alleged or actual breach by you of these Terms or of any applicable law, regulation, institutional policy, or professional or regulatory standard; and any alleged or actual infringement, misappropriation, or violation by you of any third-party right, including intellectual property, privacy, personality, or publicity rights. MDProgress reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with MDProgress' defence of such claim.

15. Notice and Takedown – Copyright and Other Rights

If you believe in good faith that any materials available through the MDProgress Platform infringe your copyright or other intellectual property rights, you may request that they be removed or disabled by submitting a written notice to us containing the following information: Identification of the copyrighted work or other right that you claim has been infringed; identification of the material that you claim is infringing and information reasonably sufficient to permit us to locate the material; your name, mailing address, telephone number, and email address; a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law; a statement that the information in the notice is accurate and that you are the rights owner or are authorized to act on behalf of the rights owner; and your physical or electronic signature. We may, in appropriate circumstances, terminate the accounts of users who are repeat infringers of intellectual property rights.

16. Modifications

We reserve the right, at our sole discretion, to modify, discontinue, or terminate any of the Services, the MDProgress Content, or these Terms at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within the MDProgress Platform (for example, through an updated "Last Updated" date or an in-app notification). By continuing to access or use the Services after any such modifications, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must immediately stop using the MDProgress Platform and the Services.

17. Complete Agreement

Except as expressly provided in a particular "legal notice" on the MDProgress Platform or in a separate written agreement signed by MDProgress, these Terms (including the MDProgress Privacy Policy) constitute the entire agreement between you and MDProgress with respect to your access to and use of the MDProgress Platform, Services, and MDProgress Content, and replace any prior oral or written agreements or understandings regarding the same subject matter.

18. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, in whole or in part, at our sole discretion, without restriction. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

19. Notices

Any notices or other communications permitted or required under these Terms, including those regarding material modifications, will be in written form and will be given: By MDProgress via email (to the email address associated with your account); or by posting within the MDProgress Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

20. No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that or any other right or provision. Except as expressly set forth in these Terms, the exercise by either party of any remedy will be without prejudice to its other remedies.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

22. Survival

All provisions of these Terms which by their nature should reasonably be expected to survive termination of your account or cessation of your use of the Services shall survive, including, without limitation, provisions relating to ownership, User Content licences, disclaimers, limitations of liability, indemnity, governing law, dispute resolution, and this Survival clause.

23. Contact Us

If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at: support@mdprogress.ca

By submitting feedback or suggestions, you grant MDProgress a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, translate, distribute, and otherwise exploit such feedback and suggestions for any purpose related to improving or enhancing the Services or MDProgress' business.